Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Olanda

Interceptarea, înregistrarea şi transcrierea telecomunicaţiilor (101)

1. MEASURE IMPLEMENTATION

Olanda

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, this technique is strictly regulated and can be used in any part of the telecommunication system. The following conditions must be met: - Suspicion of an indictable offence (preventive custody allowed for any criminal offence with a 4 year prison sentence); - The measure must be urgently required for the investigation; - Applicable to (tele) communications not intended to the public in which a user (not necessarily a suspect) participates by using the services or a provider of telecommunications.

2. LEGAL FRAMEWORK

Olanda

International legal framework applicable for this measure in your Member State

EU Directive 2014/41/EU, with the European Investigation Order (EIO), was implemented in Dutch law, effective from June 17th 2017. For countries who have not implemented this EU Directive: - EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); - European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959); - Several bilateral and multilateral treaties.

3. COMPETENT AUTHORITY TO:

Olanda

* receive the request/decision for judicial cooperation

The competent authorities are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC).

* execute/recognise the measure (if other than the receiving authority)

The public prosecutor.

4. ACCEPTED LANGUAGES

Olanda

Accepted languages for the request/decision

When using an EIO: Dutch or English. Otherwise: one of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

5. EXECUTION DEADLINE

Olanda

Deadlines for the execution of the request/decision (where applicable)

The deadlines mentioned in the EU Directive 2014/41/EU (EIO).

6. CONCISE LEGAL PRACTICAL INFORMATION

Olanda

a. Special requirements

- When using an EIO: no special requirements are needed. Otherwise: - There are two options: either the requesting authority states in the request the details of the order to wiretap and that it has been issued OR the wiretap order is enclosed with the request. - It must be a written request, stating reasons; in case of urgency this can be done verbally, and then to be confirmed in writing within 3 days. - In the NL, an authorization by an examining judge is required, also in the case of amending/adding/extending; According to the Dutch implementation law, implementing Article 28 and 29 of the Directive EIO, an additional ground for non-execution applies; if in a similar Dutch criminal case the application of the measure is not possible, this is a reason to refuse the EIO. Furthermore the public prosecutor can choose another measure then asked for in the EIO, if the requested measure does not exist in Dutch law or would not be applicable.

b. Other useful information

It is important to thoroughly explain the necessity for the wiretap The wiretap order can only be issued for a maximum of four weeks. This period can be prolonged with four weeks (unlimited with view to the investigating needs).For a prolongation an additional request is needed, in which the necessity for the prolongation is explained.

Last reviewed on 20 martie 2019 by Tools Correspondent

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